## United States Environmental Protection Agency

General Permit for New or Modified Minor Sources of Air Pollution in Indian Country http://www.epa.gov/air/tribal/tribalnsr.html



## General Air Quality Permit for New or Modified True Minor Source Compression Ignition Engines

Last Modified: J uly 2 , 2014

Version 1.0

Information about this General Permit:

Applicability

P ursuant to the provisions of the Clean Air Act (CAA) , Subchapter I, part D and 40 CFR part 49, subpart C, this permit
authorizes the construction or modification, and operation of each stationary source of compression ignition (CI) reciproca ting internal combustion engines for which a reviewing authority issues an Approval of the Request for Coverage (permitted source)

.

Eligibility To be eligible for coverage under this general p ermit, the permitted source must qualify as a true minor sour ce as defined in 40 CFR 49.152.

Request for Coverage Requirements for submitting a Request for Coverage are contained in Section 7 of this general permit.

Incorporation of D ocuments
The information contained in each reviewing auth ority’s Approval of the Request of Coverage is hereby incorporated

into this general permit

.

Termination

Section 6 of this general permit addresses a reviewing authority’s ability to revise, revoke and reissue, or te rminate this general permit. It also addr esses the revi ewing authority’s ability to terminate an individual permitted source’s Approval of the Request for Coverage under this general permit.

Definitions The terms used herein shall have the meaning def i n ed in 40 CFR 49.152 and in Attachment B of this permit. If a term is not defined, it shall be interpreted in accordance with normal business use.

### Page 2 of 11 Permit Terms and Conditions

The following applies to each p ermittee and permitted source with r espect to only the affected emissions units and any associated air pollution control equipment listed in that permitted source’s Approval of the Request for Coverage.

Section 1

– General Provisions

1. Construction and Operation
The p ermittee shall construct or modify, and operate the affected emission units and any associated air pollution
control equipment in compliance with this permit and all other applicable federal air quality regulations ; and in a
manner consistent with the Request for Coverage

.

2. Location
This permit only authori zes the p ermittee to construct or modify, and operate the permitted source in the location
listed in the reviewing authority’s Approval of the Request for Coverage for that permitted source

.

3. Liability This permit does not release the p ermittee from any liability for compliance with other applicable federal and tribal environmental laws and regulations, including the CAA.

4. Severability The provisions of this permit are severable. If any portion of this permit is hel d invalid, the remaining terms and conditions of this permit shall remain valid and in force.

5. Compliance

T he p ermittee must co mply with all provisions of this permit, including emission limitations that apply to the affected emissions units at the permitted source. No ncompliance with any permit provision is a violation of the permit and may constitute a violation of the CA A ; is grounds for an enforcement action ; and is grounds for the reviewing authority to revoke the Approval of the Request for Coverage and terminate the permitted source’s coverage under this general permit.

6. National Ambient Air Quality Standards ( NAAQS ) / Prevention of Significant Deterioration ( PSD ) Protection

T he permitted source must not cause or contribute to a NAAQS violation and , in an attainment area, must not cause
or contribute to a PSD increment violation.

7. Unavailable Defense
It is not a defense for the p ermittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the provisions of this permit.

8. Property Rights
The permit does not convey any property rights of any sort or any ex clusive privilege.

9. Information Requests
You, as t he p ermittee

, shall furnish to the reviewing authority, within a reasonable time, any information that the reviewing authority may request in writing to determine whether cause exists for revising, revoking and reissuing, or terminating the permit or to determine compl iance with the permit. For any such information claimed to be confidential, the p ermittee must submit a claim of confidentiality in accordance with 40 CFR part 2 subpart B.

10. Inspection and Entry Upon presentation of proper credentials, the p ermittee must allow a representative of the reviewing authority to:

### Page 3 of 11

a. Enter upon the premises where a source is located or emissions

- related activity is conducted or where records are required to be kept under the conditions of the permit;
b. Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit;

c. Inspect, during normal business hours or while the source is in operation, any facilities, equipment (including monitoring and air pollution control equipment), practices or operations regulated or required under the permit;
d. Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements ; and

e. Record any inspection by use of wr itten, electronic, magnetic and photographic media.

11. Posting of Coverage

Sections 1 through 6 of this general permit

, and the most current Approval of the Request for Coverage for the permitted source, must be pos ted prominently at the facility, and each affected emissions unit and any associated air pollution control equipment must be labeled with the identification number listed in the Approval of the Request for Coverage for that permitted source.

12. Duty to O bta in Source

- Specific Permit If the reviewing authority intends to terminate a permitted source’s coverage under this general permit for cause as provided in Section 6 of this general permit , then the p ermittee shall apply for and obtain a source

- specific permit
under 40 CFR 49.155 as required by the reviewing authority.

13. Credible Evidence For the purpose of establishing whether the p ermittee violated or is in violation of any requirement of this permit, nothing shall preclude the use, including the excl usive use, of any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements if the p ermittee had performed the appropriate performance or compliance test or procedure

.

14. Setb acks The permitted source shall not locate less than 150 feet from the nearest property boundary and not less than 1,000
feet from the nearest residence.

Section 2: Emission Limitations and Standards

15. The permittee shall m aintain and operate each affected emission unit, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions of NSR regulated pollutants and considering the manufacturer’s recommended operating procedures at all times , including periods of startup, shutdown, maintenance and malfunction

. The reviewing authority will determine whether the

p ermittee is using acceptable operat ing and maintenance procedures based on information available to the reviewing authority which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the permitted source.

16. The permittee shall comply wit h one of the two options below for permitted sources located i n ozone attainment, unclassifiable, or attainment /unclassifiable areas or marginal/moderate ozone nonattainment areas :

a. Option 1:

i. All non

- emergency engines at the permitted source are CI engine s greater than 75 horsepower ( hp ) ; ii. Any non

- emergency CI engine greater than 75 0 hp is equipped with a generator set ; iii. The combined maximum engine power of all non

- emergency CI engine s at the permitted source is no greater than 3800 hp ; and

iv. The combined maximum engine power of all emergency engines at the permitted so urce is no greater than

1000 hp

.

### Page 4 of 11

b. Option 2:

i. The combined maximum engine power of all non

- emergency CI engine s at the permitted source is no greater than 1900 hp ; and

ii. The combined maximum engine power of all emergency engines at the permitted source is no gr eater than

2500 hp

.

17. For permitted sources located in serious ozone nonattainment area s the combined maximum engine power of all

non

- emergency CI engines shall be no greater than 1 100 hp and shall have a combined maximum engine power f or all emergency engines that is no greater than 750 hp.

18. The combined maximum heat input of all auxiliary heaters shall be no greater than 10 MMBtu/ hour . Auxiliary
heaters shall only burn natural gas.

19. Each affected non

- emergency CI engine , excluding nonroad mobile engines, shall comply with the following
limitations and standards:

a. Distillate fuel shall be diesel or biodiesel containing no more than 15 parts per million ( ppm ) (0.0015 percent) sulfur.

b. Each engine shall be model year 2014 or later and be certified by the manufacturer to the applicable standards

in 40 CFR 1039.101 through 1039.104, for all pollutants, for the same model year and maximum engine power.

20. Each affected emergency engine shall:

a. Be equipped with a non

- resettable hour meter;
b. If using distillate fuel, use diesel or biodiesel containing no more than 15 ppm (0.0015 percent) sulfur;

c. Meet the following certification requirements for compression ignition emergency engines:

i. For model year 2006 and later engines (except for model year 2008 and later engines rated less
than 37 kilowatt ( kW ) ) , the engine shall be certified by the manufacturer to the applicable standards in 40 CFR part 89.

ii. For model year 2008 and later engines rated less than 37 kW, the engine shal l be certified by the manufacturer to the applicable standards in 40 CFR part 1039.

d. Meet the following requirements for spark ignition (SI) emergency engines manufactured on or after January 1, 2009:

i. Gasoline and rich burn liquified petroleum gas ( LPG ) eme rgency e ngines greater than 50 hp and less than 130 hp shall be certified to the Phase I standards in 40 CFR 90.103;

ii. Gasoline and rich burn LPG emergency en gines greater than or equal to 130 hp shall be certified to the standards in 40 CFR 1048; and

iii. All ot her SI emergency engines greater than 25 hp shall meet the standards for emergency engines in Table 1 to 40 CFR Subpart JJJJ.

e. If not required to meet the standards in Conditions 20 .c or d:

i. Follow the manufacturer’s emission

- related operation and maintenanc e instructions or develop your own maintenance plan which must provide to the extent practicable for the maintenance and operation of the engine in a manner consistent with good air pollution control practice for minimizing emissions;

ii. Change oil and filter and inspect every hose and belt every 500 hours of operation or annually, whichever comes first; and

iii. Inspect air cleaner or spark plugs, as applicable, every 1,000 hours of operation, or annually,
whichever comes first.

### Page 5 of 11 Section 3: Monitoring and Testin g Requirements

21. The permittee shall monitor fuel use for each engine on a monthly basis.

22. Engines N ot Certified by the Manufacturer For each engine required to meet the standards in Condition 20 .d. iii , but that is not certified by the manufacturer to the applicable standards the permittee shall:

a. For an engine greater than 25 hp and less than or equal to 500 hp , conduct an initial performance test as
follows:

i. W ithin 60 days after achieving the maximum p roduction rate at which the permitted source will operate, but not later than 180 days after the first day of operation after issuance of the Approval of the Request for Coverage ; ii. The test shall verify compliance with the applicable emission limitations in Condition 20

. d.iii .; iii. According to a test plan approved by the reviewing authority;

iv. While the permitted source is operating under typical operating conditions;

v. With at least three test runs, each of at least 1 hour duration;

vi. Within 10 percent of peak load for the engine;

vii. Using tes t methods from 40 CFR part 60, A ppendix A unless alternative methods are approved by the reviewing authority in writing in advance of the test; and

viii. Simulta neously for carbon monoxide and nitrogen oxides whenever either one needs to be tested.
b. For an engine greater than 500 hp , conduct an initial performance test and subsequent performance testing every 8,760 hours of operation or 3 years, whichever comes fir st as follows : i. The performance tests shall verify compliance with the applicable emission limitations in Condition

20.d.iii

. ii. The performance tests shall be performed according to Condition s 22 .a.iii through viii

.

Section 4: Recordkeeping Requirements

23. The permittee shall maintain all records required to be kept by this permit onsite for at least five years from the date of origin, unless otherwise stated

.

24. T he permit application and all documentation supporting that application shall be maintained by the permittee for
the duration of time the affected emissions unit ( s ) is/ are covered under this permit.

25. For each engine, t he permittee shall maintain records of :

a. The amount of fuel used each month for each engine (in gallons or million standard cubic feet , as appropriate) ; b. For each fuel shipment, fuel supplier certification showing the sulfur content of fuel;

c. For each engine required to be certified or using certification, documentation from the manufacturer that each engine is certif ied to the applica ble standards;

d. The maintenance plan for each engine;

e. All maintenance activities conducted for each engine on a monthly basis ; and
f. For emergency engines, m aintain a log of the hours of operation

, includin g the date, time, duration, and

reason (s) for use

.

26. The results of each performance test conducted pursuant to Condition 22 shall be recorded . At a minimum, the

p ermittee shall maintain records of:

a. The date of each test;
b. Each test plan;

c. Any documentation required to approve an alternate test method;

d. Conditi ons during the t est, including the engine power rating ;

e. The results of each test; and

### Page 6 of 11

f. The name of the company or entity conducting the analy sis

.

Section 5: Notification and Reporting Requirements

27. Notification of C onstruction or M odification, and O perations

T he p ermittee shall submit a written or electro nic notice to the reviewing authority within 30 days from when the

p ermittee begins actual construction or modification , and when the p ermittee begins operations or resumes operation

.

28. Noti fication of Change in Ownership
If the permitted source changes ownership, then the p ermittee must submit a written or electronic notice to the reviewing authority within 90 days after the change in ownership is effective. In the report, the p ermittee must provide the reviewing authority a written agreement containing a specific date for transfer of ownership, and an
effective date on which the new owne r assumes partial and/ or full coverage and liability under this permit. The
submittal must identify the previous owner, and update the name, street address, mailing address, contact information, and any other information about the source if it would change as a result of the change of ownership.
The p ermittee shall ensure that the permitted source remain s in compliance with the general permit during any such transfer of ownership.

29. Notification of Closure
The p ermittee must submit a report of any permanent or indefinite closure to the reviewing authority in writing within 90 days after the cessation of all operations at the permitted source. The notification must identify the owner, the current location, and the last operating location of the permitted source. It is not necessary to submit a report of closure for regular, seasonal closures.

30. Annual Reports
The p ermittee shall submit an annual report on or before March 15 of each year to the reviewing authority. The annual report shall cover the period from January 1 to December 31 of the previous year and shall include:

a. An evaluation of the permitted source’s compliance status with the requirements of Section 2 during the calendar year ; b. Summaries of the required monitoring , testing and recordkeeping in Sections 3 and 4; and

c. Summaries of deviation reports submitted pursuan t to Condition 31

.

31. Deviation Reports
The p ermittee shall promptly report to the reviewing authority any deviations from permit requirements including deviations attributable to upset conditions. Deviation reports shall include:

a. I dentity of the affected e missions unit where the deviation occurred.
b. N ature of the deviation;

c. L ength of time of the deviation;

d. P robable cause of the deviation; and

e. Any corrective actions or preventive measures taken as a result of the deviation to minimize emissions from the deviation and to prevent future deviations.
f. For the purposes of this permit, promptly mean s w ithin 30 days after the end of the month in which the

p ermittee discovered the deviation.

32. Performance Test Reports
The p ermittee shall submit a test report to the reviewing authority within 45 days after the completion of any required performance test. At a minimum, the test report shall include:

a. A description of the emissions unit and sampling location(s);

b. The time and date of eac h test;

c. A summary of test results, reported in units consistent with the applicable standard;

### Page 7 of 11

d. A description of the test methods and quality assurance procedures used;

e. A summary of any deviations from the proposed test plan and justification for why the deviation(s) was

necessary; f. The amount of fuel burned, raw material consumed, and product produced during each test run;

g. Operating parameters of the source and control equipment during each test run;
h. Sample calculations of equations used to determine tes t results in the appropriate units ; and

i. The name of the company o r entity performing the analysis

.

33. Rep orting and Notification Address
The p ermittee shall send all required reports to the reviewing authority at the mailing address specified in the Approva l of the Request for Coverage.

34. Signature Verifying Truth, Accuracy, and Completeness All reports required by this permit shall be signed by a responsible official as to the truth, accuracy, and completeness of the information. The report must state that, based on information and belief formed after reasonable inquiry, the statements and in formation are true, accurate, and complete. If the p ermittee discovers that
any reports or notification submitted to the reviewing authority contain false, inaccurate, or incomplete information, the p ermittee shall notify the reviewing authority immediatel y and correct or amend the report as soon as is practicable.

Section 6 : Changes to this General Permit

35. Revising, Reopening, Revoking and Reissuing, or Terminating for Cause The permit may be revised, reopened, revoked and reissued or terminated for cause. The filing of a request by you,
the p ermittee , for a permit revision, revocation and re

- issuance, or termination, or of a notification of planned changes or anticipated nonc ompliance does not stay any permit condition. This provision also applies to the documents incorporated by reference.

36. Terminating Coverage under this Permit The reviewing authority may terminate a previously issued Approval of the Request for Coverage

, and thereby

terminate that p ermittee ’s authorization to construct or modify, and th at permitted source’s authorization to operate under this general permit for cause as defined in Attachment B. The reviewing authority may provide the

p ermittee with notice of the intent to terminate, and delay the effective date of the termination to allow the

p ermittee to obtain a case

- by

- case permit under 40 CFR 49.155.

37. Change in O wnership If the permitted source changes ownership, the reviewing authority ma y change the Approval of the Request of Coverage to reflect the new ownership in accordance with the administrative amendment provisions in 40 CFR 49.159(f)

.

Section 7 : Obtaining Coverage under this General Permit

38. To obtain coverage under this general permit, an applicant must submit a Request for Coverage to the appropriate reviewing authority for the area in wh ich the permitted source is or will be located

. Attachment C contains a list of reviewing authorities an d their area of coverage

.

39. You must also submit a copy of the Request for Coverage to the Indian Governing Body for any area within Indian
country in which the permitted source will locate at the same time you submit your Request for Coverage to the

revi ewing authority

.

### Page 8 of 11 Attachment A: Abbreviations and Acronyms

ASTM American Society for Testing and Materials

CAA Federal Clean Air Act

CFR Code of Federal Regulations

CI compression ignition

EPA United States Environmental Protection Agency

HP horsepower

kW kilowatt

LPG liquified petroleum gas

NAAQS N ational A mbient A ir Q uality S tandards

NSR new source review

ppm parts per million

PSD P revention of S ignificant D eterioration

SI spark ignition

### Page 9 of 11 Attachment B: Definitions

For the purposes of this general permit:

Approval of the Request for Coverage means a reviewing authorit y’s letter granting a n applicant’s request for construction or modification, and operation of a true minor source under the terms and conditions of thi s general permit.

Biodiesel means a combustion fuel made from fatty acids of methyl esters that complies with the specifications of ASTM

6751

.

Brake power means the usable power output of the engine and is different than the electrical output of a generator set.

Cause means with respect to the reviewing authority’s ability to terminate a permitted source’s coverage under a permit
that :
1. The p ermittee is not in compliance with the provisions of this g eneral p ermit;

2. The reviewing authority determines that the emissions resulting from the construction or modification of the permitted source significantly contribute to NAAQS violations, which are not adequately addressed by the requirements in this g eneral p ermit ; 3. The reviewing authority has reasonable cause to believe that the p ermittee obtained Approval of the Request for Coverage by fraud or misrepresentation ; or
4. The p ermittee failed to disclose a material fact required by the Request for Coverage or the regulations applicable to the permitted source of which the applicant had or should have had knowledge at the time the

p ermittee submitted the Request for Coverage.

Certified means, with respect to an engin e, an engine that belongs to an engine family that has a certificate of conformity that complies with the emission standards and requirements in 40 CFR parts 60, 89, 90, 1039, 1048, or 1054, as appropriate.

Compression ignition means relating to a type of stationary internal combustion engine that is not an SI engine and are typically diesel engines where the heat generated from compression is enough to initiate the combustion process, without needing any external spark

.

Constr uction means any physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an emission unit that would result in a change of emissions.

Distillate f

uel means fuel oils, including rec ycled oils that comply with the specifications for fuel oil numbers 1 and 2, as defined by ASTM 396, or equivalent

.

Emergency engine means an engine that is operated to provide electrical power or mechanical work during an emergency situation. Examples include engines used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is inter rupted, or an engine used to pump water in the case of fire

, flood, or other event.

Maximum engine power means the maximum brake power of the engine.

Permittee means the owner or operator of a permitted source.

Permitted s ource means each compression ig nition engine for which a reviewing authority issues an Approval of the Request for Coverage.

### Page 10 of 11 Request for Coverage means a permit application that contains all the information required in the standard application
form.

SI e n gine is either a gasoline

- fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to re gulate intake air flow to control power during normal operation. Spark ignition engines are
d ual

- fuel engines in which a liquid fuel (typically diesel fuel) is used for compression ignition and gaseous fuel (typically natural gas) is used as the primary fu el at an annual average ratio of less than 2 parts diesel fuel to 100 parts total fuel on an energy equivalent basis.

### Page 11 of 11 Attachment C

– List of the EPA Reviewing Authorities and Areas of Coverage

EPA Region Address Area Covered Phone Number

Region 1 1 Congress Street

Suite 1100 Boston, MA 02114

– 2023 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and

Vermont 888

- 372

- 7341

617

- 918

- 1111

Region 2 290 Broadway

25th Floor New York, NY 10007

– 1866 New Jersey, New York, Puerto Rico, and Virgin Islands 877

- 251

- 4575

Region 3 1650 Arch Street

Philadelphia, PA 19103

– 2187 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and

West Virginia 800

- 438

- 2474

215

- 814

- 5000

Region 4 Sam Nunn Atlanta Federal Center

61 Forsyth Street SW
12th Floor Atlanta, GA 30303 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina , South Carolina, and Tennessee 800

- 241

- 1754

404

- 562

- 9000

Region 5 77 West Jackson Street

Chicago, IL 60604 Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis consin 800

- 621

- 8431

312

- 353

- 2000 Region 6 1445 Ross Avenue

Dallas, TX 75202 Arkansas, Louisiana, New Mexico, Oklahoma, an d Texas 800

- 887

- 6063

214

- 665

- 2760 Region 7 901 North 5th Street

Kansas City, KS 6 6101

– 2907 Iowa, Kansas, Missouri, and Nebraska 800

- 223

- 0425

913

- 551

- 7003

Region 8 1595 Wynkoop Street

Denver, CO 80202

– 1129 Colorado, Montana, North Dakota,

Sou th Dakota, Utah, and Wyoming 800

- 227

- 8917

303

- 312

- 6312

Region 9 75 Hawthorne Street

San Francisco, CA 94105 American Samoa, Arizona, California,
Guam, Hawaii, Navajo Nation, Nevad a, and Northern Mariana Islands 866

- 372

- 9378

415

- 947

- 8000

Region 10 1200 Sixth Avenue

Seattle, WA 98101 Alaska , Idaho, Oregon, and Washington 800

- 424

- 4372

206

- 553

- 1200